Jiang Xiaobai trademark invalid is only a vertical version of Jiang Xiaobai trademark, does not affect the sale of wine

The commonly used Jiang Xiaobai trademark and the vertical version of Jiang Xiaobai trademark, which was invalidated because of the main young fashion consumer groups and for the Chinese liquor opened up a "youth small wine" alternative development path of liquor "Jiang Xiaobai", but now faced a crisis of unabyre - according to the Beijing Higher People's Court's final judgment in this case: the cancellation of the previous Beijing Intellectual Property Court in favor of Jiang Xiaobai's administrative judgmentSo "Jiang Xiaobai" this trademark in the end or not completely belong to Jiang Xiaobai company?Jiang Xiaobai's trademark is invalid?winery said it did not affect the sale ofthis change really suddenly, in the middle of this month at the Chengdu Sugar And Wine Festival, Jiang Xiaobai company also showed a series of new products, continue to play the "youth card." However, the situation has recently emerged, according to the Beijing Higher People's Court on the case of a final judgment, if the judgment is effective, then Jiang Xiaobai company registered trademark No10325554 is invalid" In fact, this trademark dispute has been going on for more than two years, the previous situation is basically favorable to Jiang Xiaobai company, so it has not been much attention from the outside worldMany people in the industry think this is touch porcelain! A long-time concern for the wine industry told the Beijing Youth Daily" This matter is not as serious as the outside world thought, Jiang Xiaobai's products are now all in normal salesLiu Peng, vice president of Jiang Xiaobai Company, said in an interview with Beiqing Daily yesterday that the trademark, which is temporarily invalid, is the 10325554 trademark registered under the name of the companyBeiqing newspaper reporter yesterday from the China Trademark Network query, the judgment of invalid Jiang Xiaobai Company No10325554 trademark "Jiang Xiaobai" is a vertical type trademark, the font used is not the same as Jiang Xiaobai company commonly used fonts, so the impact on Jiang Xiaobai's product sales should not be very largeJiang Xiaobai's statement said that according to the official website of the State Intellectual Property Office Trademark Office records, in addition to Jiang Xiaobai Company, there are no liquor companies holding "Jiang Xiaobai" trademarkLiu Peng,of , said that the "Jiang Xiaobai" brand and cartoon image was originally designed by the company's founder Tao Shiquan in 2011, the company will not allow any third party to implement suspected damage to the "Jiang Xiaobai" brand rights, damage the "Jiang Xiaobai" brand awareness, affect consumer trust behavior, the company will be in accordance with the law to safeguard all the legitimate rights and interests of the "Jiang Xiaobai" brandhe said that Jiang Xiaobai company in major countries and regions around the world has registered to hold "Jiang Xiaobai" and other trademarks, the company's "Jiang Xiaobai" overseas registered trademark rights and "Jiang Xiaobai" brand business operations are not affectedthe trademark dispute and cooperation with the winery current public information shows that on December 19, 2011, "Jiang Xiaobai" trademark by Chengdu Geshan Advertising Co., Ltd applied for registration, on February 21, 2013 was approved for registration, approved for use in category 33 "Fruit wine (with alcohol), musk (parsley), aperitif, sake, distilled alcoholic beverages, cider, wine (lisco), wine (drinks), alcoholic beverages (except beer), alcoholic beverages containing fruit" products, which are dedicated until 20 February 2023 the Beiqing newspaper reporter combed found that the "Jiang Xiaobai" trademark controversy is seven years ago with Jiang Xiaobai founder Tao Shiquan had a cooperation with the Chongqing Jiangjin winery In 2012, Chongqing Jiangjin Winery, Jiangjin District Sugar and Wine Co., Ltd., and Tao Shiquan as a legal representative of Sichuan New Blueprint Trading Co., Ltd signed a "custom product sales contract" and other agreements Jiangjin winery authorized the new blueprint company for the "several rivers" brand Jiangjin old white dry, "scented one, two, three" series, ultra-pure series, vintage series of custom productdistributors Tao Shiquan, of , has said that "Jiang Xiaobai" is the brand he founded in 2011, in the first half of 2012 officially commissioned Jiangjin winery for mass production, and marketing, sales and other links are fully owned by "Jiang Xiaobai" to bear Beiqing Reporters from the China Trademark Network, Jiangjin Winery as early as March 2012 to apply for three "Jiang Xiaobai" trademark, but the current status is 10699082, 10699181 shows "revoked"; the trademark that Jiang Xiaobai was revoked was filed for registration on December 19, 2011 At present, China's trademark network shows the registration success of the earliest "Jiang Xiaobai" trademark, for Jiang Xiaobai company on December 19, 2011 registered "Jiang Xiaobai simple happiness is very simple", the trademark appearance of the most eye-catching font is "Jiang Xiaobai", but between each word mixed with "simple happiness" "happiness is very simple" and other small words but at the end of 2012, the two sides began to "Jiang Xiaobai" trademark differences, Jiangjin winery said Tao Shiquan is only their own dealers, "Jiang Xiaobai" brand should belong to Jiangjin winery, and asked for the revocation of the subsequent trademark registration One of the evidenceprovided by Jiangjin Winery is that the two sides discussed the contents of the "Jiang Xiaobai" design draft in correspondence, thus proving that they participated in the "Jiang Xiaobai" design The background of this dispute is that Jiang Xiaobai has been with the "youth wine" positioning red all over the country In May 2016, Jiangjin Winery filed a request to the National Trademark Review Commission for the invalidity of the "Jiang Xiaobai" trademark due to differences between the two sides In December 2016, the Trademark Review Committee issued a commercial evaluation letter no 117088, no 10325554 ,"Jiang Xiaobai" trademark invalid declaration of the request Jiang Xiaobai company after the non-complaint, and then to the Beijing Intellectual Property Court, the Intellectual Property Court supported Jiang Xiaobai Company Until this time, the Beijing Higher People's Court reversed the ruling of the Intellectual Property Court wine industry bigwigs in solidarity with Jiang Xiaobai call for the protection of the interests of the founders Beijing Youth Daily reporter in an interview learned that there are a number of wine industry tycoons in this trademark dispute in jiang Xiaobai company side Yang Lingjiang, founder of 1919, the country's largest O2O liquor sales platform, sent three times in the early hours of yesterday morning to support Tao Shiquan, he called for the protection of the rights and interests of the founder of the brand, the liquor industry does not need speculators Yu Hongfeng, chairman of the liquor network, also made a public voice, saying that "Jiang Xiaobai is Tao Shiquan, the earth everyone knows." this, there are industry people in an interview with the Beiqing daily, said that after all, is in Tao Shiquan hands to "Jiang Xiaobai" this brand did, when "Jiang Xiaobai" succeeded, and then someone came out to ask for this in the commercial success before the registration of the trademark revocation, both from the legal or emotional is really difficult to accept Nowadays, through misplaced marketing to let young people accept liquor has become the consensus of many liquor enterprises, and this idea of the right is "Jiang Xiaobai", this contribution alone, should safeguard the rights and interests of the founder industry observation judgment does not represent others can use "Jiang Xiaobai" according to the Beiqing news reporter learned that, because at present, in addition to Jiang Xiaobai company, there is no wine-making enterprises have "Jiang Xiaobai" trademark a legal circle to the North Qing daily reporter told that from the legal process, Jiang Xiaobai company can also apply to the Supreme People's Court for retrial At the same time, he said, even if the real Jiang Xiaobai company no longer owns the "Jiang Xiaobai" trademark, it does not mean that it can no longer sell Jiang Xiaobai, not to mention that others can sell wine in the name of "Jiang Xiaobai" "This is because at present, China's protection of the brand in addition to registered trademarks, but also for the non-registered trademarks or have a certain influence on the name of the commodity, the size of the protection Although is close to Sichuan, China's main liquor production area, but Chongqing has been lack of national reputation for liquor brands, "Jiang Xiaobai" the emergence of Chongqing liquor in a unique form to the country According to the Reporter of Beiqing Daily, the local government has actually included the development of the liquor industry in the latest development plans To this end, some industry people yesterday in an interview with the Beiqing Daily, the best result of this trademark dispute is the two sides to settle, otherwise it is likely to be two defeats Source: Beiqing